The Bundeskartellamt has published its third market power report on the conditions of competition in electricity generation in 2021. As in the previous years, the report analyses the market power situation in the generation and first-time sale of electricity. For the first time, the report provides indicators of the market situation in some regions of balancing services in greater detail.
The report analyses the market and competition conditions on the German-Luxembourg market for the first-time sale of electricity from 1 October 2020 up to and including 30 September 2021. The analyses are based on extensive data on the utilization of all power plants in Germany. The analyses show that RWE is currently the only power generating company that exceeds the threshold for the presumption of market dominance applied by the Bundeskartellamt. The analyses also show that power plant capacities outside Germany have become more critical for the market for the first-time sale of electricity in Germany.
Bundeskartellamt has, for the first time, determined indicators of the market situation for different forms of balancing energy. The reports are intended to provide greater legal certainty for market players concerning their current market position. The report, which is expected to be released every two years under usual circumstances, is expected to be released annually again next year due to the phasing out of nuclear and coal energy and new platforms to be established across Europe to procure balancing services.
(Bundeskartellamt – 17.02.2022)
NAZALI TAX & LEGAL |